2020-O-42 - India Palm Drive RZ1/12/2021 1:55:47 PM Instrument #2021008018 #1 Book:7971 Page:4583
ORDINANCE NO. 2020-0-42
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM B-2 (NEIGHBORHOOD
BUSINESS) TO R-4 (MULTI -FAMILY RESIDENTIAL) FOR
2.2f ACRES OF CERTAIN REAL PROPERTY LOCATED
SOUTH OF 33RD STREET AND EAST OF INDIA PALM
DRIVE, EDGEWATER, FLORIDA; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE, RECORDING
AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Charles J. Hamlin and Vladislava Hamlin (8402-01-08-2640); Five J Complex .
LLC (8402-01-08-2660); Cass T. Breneman (8402-01-08-2780); Julie Canady (8402-01-08-
2800); Kensalia Real Estate (8402-01-08-2810); CAB GMB Holdings 6, LLC (38402-01-08-
2760); Prime Properties of Volusia (8402-01-08-2720), LLC; Karl J. Spletzer (8402-01-08-
2740); Leon's Breakaway Outfitter, Inc (8402-01-08-2700 and 8402-01-08-2680); and Leon
Alcantara (8402-01-08-2590), are the owners of property located south of 33`d Street and east
of India Palm Drive, within Volusia County, Florida. Subject property contains
approximately 2.2f acres.
2. The City of Edgewater, on behalf of the subject property owners, is requesting a
change in zoning classification from B-2 (Neighborhood Business) to R-4 (Multi -Family
Residential) for the property described herein.
3. On November 11, 2020, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification.
4. The proposed change in zoning classification is consistent with all elements of the
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2020-0-42
Instrument #2021008018 #2 Book:7971 Page:4584
Edgewater Comprehensive Plan.
5. The proposed change in zoning classification is not contrary to the established
land use pattern.
6. The proposed change in zoning classification will not adversely impact public
facilities.
7. The proposed change in zoning classification will not have an adverse effect on
the natural environment.
8. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA.
The zoning classification is hereby changed from B-2 (Neighborhood Business) to R-4 (Multi -
Family Residential), for the property described in Exhibits "A" & B".
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the
Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning
classification for the above described property.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
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2020-0-42
Instrument #2021008018 #3 Book:7971 Page:4585
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Cleric of Court for
recording into the public records of Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion to approve by Councilwoman Power, with Second by Councilwoman
O'Keefe, the vote on the first reading of this ordinance held on December 7, 2020, was as
follows:
AYE NAY
Mayor Mike Thomas x
Councilwoman Christine Power x
Councilwoman Gigi Bennington x
Councilwoman Megan O'Keefe x
Councilman Jonah Powers x
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2020-0-42
Instrument #2021008018 #4 Book:7971 Page:4586
After Motion to approve by C A ' ' n QJ i � Cin with
Second by ec° arm 'R.1.�u— the vote on the second
reading/public hearing of this ordinance held on January 11, 2021, was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington ,
Councilwoman Megan O'Keefe
Councilman Jonah Powers
PASSED AND DULY ADOPTED this l lth day of January, 2021.
ATTEST:, CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
r
Bonnie Brown, CMC
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe & Yoon
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2020-0-42
Approved by the City Council of the City of
Edgewater at a meeting held on this l lt" day of
January, 2021, under Agenda Item No.
8
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Instrument #2021008018 #5 Book:7971 Page:4587
EXHIBIT "A"
LEGAL DESCRIPTION
840201082810
LOT 8281 BLK 242 FLA SHRS NO 9 MB 23 PG 134 PER OR 5092 PG 3773 PER OR 5870
PG 4276 PER OR 7505 PG 1577
840201082800
LOT 8280 BLK 242 FLA SHRS NO 9 MB 23 PG 134 PER OR 5092 PG 3773 PER OR 5941
PG 2153 PER OR 7420 PGS 1388-1389 PER OR 7452 PG 4726 PER OR 7568 PGS 0148-0151
INC PER OR 7769 PG 4559
840201082780
LOTS 8278 & 8279 BLK 242 FLA SHRS NO 9 MB 23 PG 134 PER OR 5092 PG 3782 PER
OR 5710 PGS 4016-4017 PER OR 7042 PG 0919 PER OR 7156 PG 3703 PER OR 7588 PG
512
840201082760
LOTS 8276 & 8277 BLK 242 FLASHRS NO 9 MB 23 PG 134 PER OR 5092 PG 3782 PER OR
5709 PGS 4331-4332 PER OR 7017 PG 1287 PER OR 7263 PG 4622 PER OR 7744 PG 3166
840201082740
LOT 8274 BLK 242 FLA SHRS NO 9 MB 23 PG 134 PER OR 5376 PG 1763-1764
840201082720
02-18-34 LOTS 8272 & 8273 BLK 242 FLORIDA SHORES NO 9 MB 23 PG 134 PER OR
4904 PG 2047 PER OR 7599 PG 1019
840201082700
LOTS 8270 & 8271 BLK 242 FLORIDA SHORES NO 9 MB 23 PG 134 PER OR 4786 PG
1758 PER OR 5330 PG 2388 PER OR 5458 PG 1411 PER OR 7884 PG 0784
840201082680
LOTS 8268 & 8269 INC BLK 242 FLORIDA SHORES NO 9 MB 23 PG 134 PER OR 4786 PG
1759 PER OR 5330 PG 2388 PER OR 5458 PG 1411 PER OR 7884 PG 0784
840201082660
LOTS 8266 & 8267 BLK 241 FLORIDA SHORES NO 9 MB 23 PG 134 PER OR 5158 PGS
2723-2724 PER OR 6951 PG 2795
840201082640
LOTS 8264 & 8265 BLK 241 FLORIDA SHORES NO 9 MB 23 PG 134 PER OR 5185 PG
2616 PER OR 6471 PG 1782 PER OR 6521 PG 0531 PER OR 6866 PG 1086 PER OR 7797 PG
1114
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Instrument #2021008018 #6 Book:7971 Page:4588
840201082590
LOTS 8259 TO 8263 BLK 241 PLA SHRS NO 9 MB 23 PG 134 PER OR 4703 PG 1125 PER
OR 6301 PGS 4501-4511 INC PER OR 6493 PG 2137 PER OR 7434 PG 3390 PER OR 7498
PG 0886
Containing 2.2 acres more or less
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2020-0-42
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Instrument #2021008018 #7 Book:7971 Page:4589 Laura E. Roth, Volusia County Clerk of Court
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